Does the hearsay rule apply to video evidence?

"'The essence of the hearsay rule is a requirement that testimonial assertions shall be subjected to the test of cross-examination. [Citation.] The basic theory is that the many possible deficiencies, suppressions, sources of error and untrustworthiness, which lie underneath the bare untested assertion of a witness, may be best brought to light and exposed by the test of cross-examination. [Citation.]' [Citations.]." (People v. Nazary (2010) 191 Cal.App.4th 727, 754-755.) As "demonstrative evidence," videos are not testimony subject to cross-examination and are not hearsay. (People v. Cooper (2007) 148 Cal.App.4th 731, 746.) Thus, the hearsay rule did not require their exclusion from evidence. Moreover, the witnesses who testified regarding these exhibits were subject to cross-examination.

With respect to relevance, "'except in rare cases of abuse, demonstrative evidence that tends to prove a material issue or clarify the circumstances of the crime is admissible despite its prejudicial tendency.'" (People v. Cavanaugh (1955) 44 Cal.2d 252, 267.)

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